HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9145143Fort Collins
PURCHASE ORDER
PO Number Page
9145143 1of3
This number must appear
on all invoices, packing
sli s and labels.
Date: 09/08/2014
Vendor: 461405
Ship To:
CITY MANAGER
TREBUCHET GROUP
CITY OF FORT COLLINS
405 MASON CT SUITE 113
300 LAPORTE AVE
FORT COLLINS CO 80524
CITY HALL WEST - 1 ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 09/08/2014
Buyer:
PAUL, GERRY
Note:
Line Description
Quantity
UOM Unit Price
Extended
Ordered
Price
I Retreat Facilitation
1 LOT
LS
1,500.00
2 Retreat Facilitation
1 LOT
LS
1,500.00
3 Retreat Facilitation
1 LOT
LS
1,500.00
4 Retreat Facilitation
1 LOT
LS
1,500.00
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 914514er Page
City, of PURCHASE
9145143 2 of 3
' `t Collins
This number must appear
l on all invoices, packing
slips and labels.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Port Collins is exempt from state and local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collecmr of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due Ira failure to meet specifwtime, either when shipped or due to defects of
damage in mount, may be mammal a you for credit and arc not to Ic m i laced except upon receipt of woman
instructions from the City affect Collins.
Inspection. GOODS are eubji,t to the City of Fort Collins inspection on amval.
Final Accepmna. Receipt of the merchandise, services or equipment in response m this maker can result is
autho mcd payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Teams. Shipments must be, ROD , City of Fort Collins, 700 Wood M., Fort Collin, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Addiumul charges for packing will not be accepted.
Shipment Dumnec. Where manuacturcrs have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure of sellers sale cost all necesmry permits, ca niftcates and Iiremas yuiml by all
applicable laws, mEd.ficm, ordlaneaa and tales of the sale, municipality, mrimry or political mb he am worn,
the work is performed, or requited by any other doly constituted public authority having jurisdiction over the work
of vendor, Seller further agrees to hold the City of ran Collins harmless from and against all liability and loss
ineafted by theta by reason of an rescued or eswbliched violation of any such laws, regulations, ordinances, tales
and requirements.
Authoimtion. All parties to this contract agree that the represer drives are, in fad, bona fide and possess full and
complete min rity to bind said morns,
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms aW conditions sated
herein set forth and any supplementary or additional team and conditions annexed hereto or incopomed herein by
reference. Any additional or different terots and conditions proposed by seller are objected in and hereby rejected.
2. DELIVERY.
PLEASE ADVISI7 PURCHASING AG17NIimmediately if you mnnm make complete shipment to arrive on your
promised delivery date as noted, Time is of foe essence. Delivery and perfonace must be eMcled within the time
sated on the purchase order and the customers attached hereto. No ac¢ of the Purchasers including, without
limiauon, aerepmnca of panel late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Iloweveq the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reneamble control and without its fault of negligence,
such acts of God,:mts ofcivil or military authorities, gavemu ntnl priories,firer,, strikes, food, epidemics, wars tar
riots provided that infive of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller four received knowledge thereof In the event crony such delay, the date of delivery shall bo
extended for the period equal to the time annually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples muVor other descriptions given, will be fit for the puryow,, intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to bald the purchaser homeless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of waonty. The Seller soul I replace, repair or make
good, without cost to foe t urcheseq any defects or faults arising within one (1) year or within such longer penal of
time as maybe prescribed by law m by the mats of any applicable warrantyprovide) by the Seler ahem the dam of
acceptance of foe good famished hereunder (acceptance not to bs unmasmably delayed), raudting from imperfect
or defective work done or materials famished by the Seller. Acceptance or tau of goods by the Pumhaur shall not
constitute a waiver of my claim under this warranty. Except a otherwise provided in this purchase oNeq the Sellers
liability hereunder shall extend to all coinages proximately caused by the breach of any of the foregoing warranties
or guarantees, bar such liability shall in no dent include loss of profits tar fss of use. NO IMPLIED WARRANTY
OR MERCI IAN (ABILITY OR OF FITNESS FOR PURPOSE St ALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes a legal hems by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the tears, other, than legal lams, incuu rag: ckininm to or del,iuns Gom
the quunlilies originally ordered in the x,ceficatiome or drawings, by verbal or written change order. If any such
change affmus tls amount due or tine time of performance herenoder, an evincible adjustment steal l be made.
6. TERMINATIONS.
The Purchaser may at any time by wofmn change order, terminate this amaccorm as to any or all portioas of the
goods then not shipped, subject many equitable adjustment bcfween the parties as many work or materials then in
progress provided that Ne Purchaser shall not be liable for any claims for amioixacd pmGts on me uncompleted
portion of the goods and/or work, for incidental or cans yuential damages, and that no such adjustment be made in
favor of the Seller with respect m any goals which are the Sellers standard stack. No such tem,ination shall relieve
the Pumbaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT
Any claim for adjustment most be assumed within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which me good are subject The Seller shall execute and
deliver such documents as may be minifel ,, effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are bereby incorporated herein by this rel'erenen. The Seller agrees to
indemnify and hold the Pumhao harmless man all costs and damages suffered by the Purchaser as a result trio,
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or fo become due hereunder without the
prior wrinen consent ofma other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Famished
in performance of this agreement, free and clear of any and all liens, resticcons, reservations, security interest
t ucumbmar. and claims f.mars.
ILNONWAIVF.R.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
examise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach. the acceptance odor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this Purchase maker and shall not be deemed a waiver of any right of the
penchant to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent defauh hereunder, nor shall any Foment
om1 modification or rescission of this purchase order by the Pumbsoar operate a a waiver of my of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust
violations are in fact Some by the Purchaser. Theretoforefor tgood cause and as consideration for executing this
province, oNeq the Seller hereby assigns to the Purchaser any and all claims it may now have or hemafcr
acquired under fderal or state amount laws for such overcharges relating to the particular good or serv'ica
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF S ELLERS OBLIGATIONS.
II he Prclui— directs the Seller Ira correct noneonfomring or defective goods by a data,, be agreed man by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or vawillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious .as available m it, and the Seller shall pay all
costs assooimed with such work.
The Seller shall release the Purchaser and its amorasmrs of any tier from all habillty and claims of any more
resulting fiom the performance ofsuch work.
This raleaao shall apply even in the dent of fault of negligence of the parry released and shall extend to de
directors, officers anJ employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or mused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, desire, material or process covered by Inner, paten, trademark
or copyright, the Seller shall indemnify and sure harmless the Purchaser from my and at I claims for infringemmot
by reason or the ere of such rumored 1,c,,n, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
impingement at any time during the prosecution or after the completion of the work. In case said equipment, or
any par dmrof or the intended use of the good, is in such soil held to roa0mm infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expasw and at is option, either prmure for the
Purthaser the night to continue min, said equipment or Pans, replace fine same with substantially cual but
noninfeinging equipment, err modify it So it becomes nmnnpinging.
15. INSOLVENCY.
If vbe Seller shall become insolvent or hankmpt, make as assignment fo the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions aromas used or the imcrpretation ofthe agreement mad the nghs ofall parties hereunder shall be
command under and governed by the laws ofthe Stare of Colorado, USA.
The following Additional Conditions apply only in where the Seller is toperform work hereunder,
including the services of Sellers Represenative(s), on thecases
premises of other.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own cuk until am same is Billy completed and accepted, and shall,
in eve of any accident, destruction or injury to the work anndror materials Were Scllds final completion and
acceptance, complete the work at Sellers own expense and to Ne satisfaction true, Purchaser. When materials
and equipment am famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the it, and become responsible therefor as though such muenals and/or equipment
were being fumlshc l by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of w akers compensation, including ocut patimal
disease hrnefia, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their defendants in accordance with the laws of the sate in which the work is to be done. The Seller
shall also can, comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 far any
one accident and property damage Bout per accident of 5400,000, Una Seller shall likewise require his
contractors, if any, to provide for such compensation and insumrsa Before any of the Sellers or his contractors
employees shall du any work upan the premises of others, the Seller shall famish the Purchaser with a certificate
Beat such compensation and insurance have been provided. Such ceni cal, shall specify the date when such
compensation and imureace, have been presided Such cenificates shall specify the doe when such compensation
cod insurance expires. The Seller agree+ riot such compeaaion am insurance shall be ininmi dwril after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCI D17M'S AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to famous or property caused by or resulting from the execution of the work provided far in
this purchase order or in cminection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers oficers, agents and employees from and against any am all claims, losses, damages,
charges or expenses. whether direct or indirect, and whether to persons or porosity, to which the Purchaser may
be Put or subject by reason of any act, action, neglect, omission or defaut em the part of the Seller, any of his
contractors, or any of the Seller or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees ns aforesaid, the Seller hereby agrees to assume the defense thereat and to
defend the same of the Sellers own expense, to pay any and all costs, charges, attome,s fees and other expenses,
any and all judgmrna tom may be incurred by or obtained against the Pochamr or any of is o their officers,
agents or employees in such suits or other proceedings, and in area, judgment Or other lien her placed upon or
.barred against dre property, ofthe Purchaser, or aid pmtia in or nes a result of such suits or older proceedings,
the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and
his mmracmrs shall take all safety precautions, Tarnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard in safety including, but without limiamion, the
Occupational Safety and Health Act tar 1970 and all tales and mi,ubnions issued pursuant thereto.
Revised O7I2014